K. LAKSHMAN
Venkata Ramana Rao Maganti – Appellant
Versus
UCO Bank – Respondent
ORDER :
Heard Mr. Vikram Poosarla, learned senior counsel representing Mr.Abhinay Reddy, learned counsel for the petitioner in W.P.No.1531 of 2023 and Ms. Shreya Devaki, learned counsel for the petitioner in W.P. No.1534 of 2023, Ms. Shalini, learned Standing Counsel appearing for respondent Nos.1 to 3, and Mr.Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing on behalf of respondent Nos.4 to 6.
2. The grievance in both the writ petitions is one and the same and, therefore, they were heard together and disposed of by way of this common order.
3. FACTS OF THE CASE:
i) Petitioner in W.P.No.1531 of 2023 i.e., Dr. Venkata Ramana Rao Maganti, is the husband of writ petitioner in W.P.No.1534 of 2023 i.e., Ms. Usha Rani Maganti. The petitioner in W.P. No.1531 of 2023 sought a direction to the respondents to permit him to travel abroad viz., Sapin from 30.01.2023 to 05.02.2023 and to USA from 10.02.2023 to 28.02.2023, while the petitioner in W.P.No.1534 of 2023 sought permission to travel abroad viz., USA from 10.02.2023 to 22.03.2023.
ii) The petitioner in W.P.No.1531 of 2023 i.e., Dr. Venkata Ramana Maganti in his personal capacity had availed loan to a tune of Rs.75.00 l
The central legal point established in the judgment is that the issuance and renewal of Look Out Circulars (LOC) must align with the legal provisions and principles outlined in the relevant Office Me....
Look Out Circulars must be justified by substantial evidence and cannot infringe on fundamental rights without clear, objective criteria.
Issuance of Look Out Circulars must be based on concrete evidence and cannot be justified solely by the default in loan repayment, as it violates fundamental rights without due process.
The central legal point established in the judgment is that the issuance of Look Out Circulars must be based on exceptional circumstances and must conform to constitutional standards, including the r....
The issuance of Look Out Circulars (LOCs) should be based on exceptional circumstances and a larger impact on the country's economy, and citizens should not be deprived of their liberty to travel abr....
Look Out Circulars must adhere strictly to legal frameworks and cannot deny fundamental rights without justifiable grounds.
Lookout Circulars cannot be issued solely based on non-payment of loans without serious criminal allegations; such actions infringe upon the fundamental right to travel under Article 21.
An LOC, which is a coercive measure to make a person surrender and consequentially interferes with his right of personal liberty and free movement, certainly has adverse civil consequences.
The main legal point established in the judgment is the requirement for a proper application of mind before opening a Look Out Circular, especially when there is no criminal case against the individu....
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